Terms of Service
1. General Provisions
These Terms of Service constitute an agreement (“Agreement”) between you (referred to as “you”, the “User”, and / or “Rider”) and GoScooters s. r. o., Company ID : 54 122 856, with its registered office at: 338 Borinka 900 32, registered in the Commercial Register at Bratislava I District Court, section Sro, file No. 159113/B (“GoScooters”, or as “we”, “us”, or “our”) in connection with your use of (i) any human-powered vehicle and electrically assisted vehicle in the App, such as e-scooters and e-bikes (collectively “E-Vehicles”); (ii) our mobile application for accessing and using E-Vehicles (the “App”); and (iii) other related services required recharging, maintenance, pick-up, etc. (“Related Services”) that We provide (E-Vehicles, App and Related Services are collectively referred to as the “Services”).
The following documents are incorporated into this Agreement by reference:
- the rules for operating E-Vehicles specified in Annex A hereto (the “Riding Rules”);
- safety instructions related to the use of E-Vehicles as provided in the App or in the safety center in the App (“Safety Center”);
- other business and product terms and conditions set forth in this Agreement, together with all descriptions, policies and notices related to our services, including Our Personal Data Protection and Processing Notice (the “Privacy Policy”), available at: https://svist.sk/ochranaosobnychudajov and shall apply (mutatis mutandis) to the processing of your personal data related to the use of the Services;
We may amend this Agreement from time to time as we develop our Services. Amendments to the Agreement enter into force upon the publication of the amended Agreement or its amending conditions on our website or in the App. Your continued use of the Services after such publication constitutes your acceptance of the amended form of the Agreement. We reserve the right to inform you of changes through the App, contact information registered to your Account or in another appropriate way.
2. Use of the App
Services are used through the App. The App allows persons needing to travel to a certain destination to locate an E-Vehicle by sharing their geographic location.
To use the Services, it is necessary to install the App and to register your user account (the “Account”). When installing the App, your mobile phone number is connected to your Account and is added to our database.
We strive to resolve any faults in the App in a timely manner, but the User acknowledges that the functionality of the App may be limited from time to time for technical reasons and it is impossible to ensure the permanent, unlimited and flawless operation of the App itself. We bear no responsibility for any losses incurred due to non-functionality or incorrect operation of the App.
Based on your acceptance of this Agreement, we grant you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to access and use the App on your device, solely in connection with your use of the Services.
3. User authorizations and Accounts
You are authorized to use the Services when:
- you have opened an Account;
- your account is connected to a valid credit or debit card or other form of payment supported by the App (“Selected Form of Payment”);
- you are at least 16 years old and are authorized to operate an E-Vehicle based on local laws and regulations regarding the minimum age for use of available E-Vehicles at the Service Usage Location;
- you are physically fit and have the necessary skills and expertise to safely and competently use and operate E-Vehicles, as well as to drive them.
When opening and using an Account:
- you agree to use your real name, and provide accurate personal data and card information and to update such data as necessary when configuring your Account;
- you are responsible for access to your Account, for its control and security, and above all for: (i) your Account username and password; and (ii) all activities performed on your Account, such as, inter alia, activation (unlocking), use, deactivation (completion of your ride) and proper parking of E-Vehicles in accordance with this Agreement, or in a Permitted Parking Space, as well as for any omissions, unless you report that your Account has been misused.
We assume that all persons who enter your username and password have your consent;
- you are obliged to inform us immediately if you learn that there has been unauthorized access to your Account or its unauthorized use, or to inform us of any other circumstances that could lead to the loss of control over your account;
- you agree that we have the right to suspend or block your Account to the extent necessary to (i) ensure lawful use of the App, such as, but not limited to, fraud prevention, risk assessment, investigation and customer support; (ii) ensure your compliance with this Agreement; (iii) ensure compliance with applicable law or order of a court, law enforcement agency or other state or government body or (iv) for other purposes set forth in this Agreement;
- you agree that we can send you text messages (SMS), push notifications and email messages in connection with the Services.
4. Use of E-Vehicles
By unlocking the E-Vehicle through the application, you agree to rent it on a pay-as-you-go basis in accordance with the provisions of this Agreement and in accordance with our price list of fees valid during the rental period.
Every time you unlock an E-Vehicle and start driving, you represent and warrant that you have read and understood:
- all relevant traffic laws and regulations;
- the driving rules listed in Annex A;
- the terms and conditions applicable to your Location of Services; and
- eligibility conditions and at the same time you confirm that you have met them.
By unlocking an E-Vehicle, you agree that:
- The E-Vehicle, including its accessories, remains our property, and you may not disassemble, modify, repair, damage it or its accessories in any way, or destroy it;
- you will use it in accordance with this Agreement, including its Riding Rules, Safety Center and any other instructions, manuals and instructions provided in the App and including the terms and conditions applicable to your Service Usage Location;
- you must not allow another person to use the E-Vehicle that you have unlocked;
- you assume responsibility for taking care of the E-Vehicle during the rental period and for returning it in the same condition in which you received it at the beginning of the rental, to a permitted parking space according to local laws, based on the type of E-Vehicle and the parking instructions indicated in the App (“Permitted Parking Space”);
- if the returned E-Vehicle is damaged or in a state of malfunction, you will be charged a fee in the amount of the costs necessary for repair.
If the E-Vehicle runs out of power during the rental period, you must end the ride in accordance with the instructions provided in the App and the terms of this Agreement and park it in a Permitted Parking Place.
You are obliged to report any accidents, damage, injuries, theft or loss of the E-Vehicle to us as soon as possible. In the event of injury, property damage or theft of the E-Vehicle, you are required to report such an event to the local police department within 24 hours.
5. Payments and fees
You can use our services through the Basic Ticket, if available. We will charge you for the use of the E-Vehicle and the Services in accordance with our price list and according to the type of E-Vehicle. Each use of the E-Vehicle begins at the moment you click “Unlock” and ends with clicking on “End ride” (or a similar button in the App). Our fees and other payments may be subject to applicable taxes and other local government deductions, which may increase Our fees.
From time to time, we may issue promotional and discount coupons or codes subject to additional terms and conditions of the promotion (“Discount Codes”). We reserve the right to change or cancel Discount Codes at any time at our sole and absolute discretion. We may suspend or cancel Discount Codes and your use of the App at any time if we reasonably suspect that the use or application of Discount Codes has been improper, fraudulent, illegal or in violation of the applicable terms of use of the Discount Code or this Agreement.
We reserve the right to vary the amount of the price policy depending on the time, capacity availability and location of the parked E-Vehicle. Each User will be informed in advance about the price for the provision of an E-Vehicle through our App, in which they will confirm whether they agree with or reject the stated price. After payment is made, a notification email will be sent to the User about the amount of the payment made to GoScooters.
If an E-Vehicle unlocked using your Account:
- is parked outside the Permitted Parking Space, we have the right, at our own discretion, to charge you a collection fee of up to €100.00 (one hundred euros and zero euro cents);
- is apparently damaged beyond normal wear and tear, in a state of malfunction or intentionally destroyed, we have the right to charge you a fee in the amount of the costs necessary to repair or replace the E-Vehicle and its accessories at our discretion;
- is lost, you will be responsible without notice for all fees until it is found, plus search fees, up to the maximum amount of €120.00 (one hundred and twenty euros and zero euro cents) stated in the App depending on the time needed to locate it;
- is not found or returned (journey completed and E-Vehicle parked) within 48 hours, we may at our discretion consider it lost or stolen, in which case we have the right to charge you a fine of up to €500.00 (five hundred euros and zero euro cents) for the E-Vehicle and report the incident to the police.
You agree to pay all penalties, fees, fines and/or other amounts that we bill to you as a result of your improper use or parking of an E-Vehicle (e.g. outside of a Permitted Parking Space) or other conduct while using the Services in violation of applicable legal regulations, rules and regulations in place at the time of imposition of the sanction. All amounts to be paid to us will be charged according to your chosen payment method. If the given payment method fails to successfully complete this payment, we can use other enforcement procedures. You agree to pay us all collection costs, including all reasonable legal costs, if there is a delay in your payment obligations.
You can pay for the Services using your chosen payment method, which requires prior activation in the App. You agree that we will bill you for all fees and charges incurred pursuant to this Agreement through the Selected Payment Method linked to your Account. Such fees and other payments may be subject to applicable taxes, by which our fees may be increased.
We and our suppliers support payments in the App, provide assistance and resolve disputes related to payments in the App. If you do not agree with any fee charged through your Selected Payment Method, you must contact us within ten (10) business days.
For credit and/or debit card payments, we may charge a service fee for each payment that is added to individual orders for Services. The service fee refers to Visa/Mastercard service fees. The amount of the service fee is indicated in the App. Your bank may charge additional fees for using your credit or debit card that are not displayed in the App. Please note that after booking an E-Vehicle, an amount from your credit card is automatically reserved to confirm the availability of payment.
You agree to notify us immediately of any changes to your Selected Payment Method associated with your Account that could make it impossible to pay any fees charged by us pursuant to this Agreement.
6. Responsibility
You acknowledge and agree that your use of the Services, E-Vehicles and related accessories is at your sole personal risk and that we shall not be liable for any consequences, claims, demands, suits, losses, liabilities, damages, injuries, fees , costs and expenses, fines, legal fees or damages of any kind, whether foreseeable or unforeseeable and whether known or unknown, which you or third parties may suffer in connection with your use of the Services. You understand all such risks and acknowledge that:
- driving E-Vehicles involves a number of obvious and less obvious risks, dangers and hazards that may result in injury or death to you or others, as well as property damage, and that such risks, dangers and hazards cannot always be predicted or prevented;
- an E-Vehicle is a machine that can fail, even if properly maintained, and such failure can lead to injury; and
- wearing a helmet or other protective equipment and strictly following the Riding Rules and this Agreement is necessary to reduce the risk of injury to you and the risk of you injuring or harming other persons.
If your use of any of the Services results in injury to another person or property damage, you will be responsible for all consequences, claims, demands, lawsuits, losses, liabilities, damages, injuries, fees, costs and expenses, fines, legal fees, lawsuits or damages of any kind, whether foreseeable or unforeseeable, whether known or unknown. In the event that we have to settle third party claims as a result of your actions, you will be solely responsible for this, and you agree to indemnify us against all losses we incur in connection with such third party claims.
We reserve the right to offer liability insurance (“Insurance Coverage”) at some or all Service Usage Locations to insure your liability for injury to a third party or accidental physical damage, subject to limitations and exclusions from the Insurance Coverage, in connection with injury to a third party or accidental damage to the property of a third party resulting from your use of the E-Vehicle. If you do not pay the Insurance Cover, you acknowledge and agree to accept responsibility for any costs you cause to third parties, including all costs of ambulance transport, hospital care and medical treatment.
All Services, E-Vehicles and accessories are provided on an “as-is” and “as available” basis. To the maximum extent permitted by law, we exclude and disclaim all warranties, representations or other conditions, whether express or implied, imposed by any applicable law. We make no representations, warranties or guarantees that our Services, E-Vehicles or their accessories will be in good or flawless condition, or that there will be no delays, omissions, interruptions or inaccuracies in connection therewith. We specifically disclaim all claims, guarantees, consents, or promises, whether implied or express, as to:
- whether information (including instructions in the App) about the Services is accurate, complete, correct, adequate, useful, timely or reliable;
- whether any errors or malfunctions in the Services will be removed or corrected;
- whether the Services will be available at any time at a certain time or Service Usage Location; and
- whether your use of the Services is in accordance with the laws at any Service Usage Location.
All implied conditions and warranties of any kind in connection with the Services are excluded to the fullest extent permitted by law. Nothing in this Agreement shall exclude, limit or alter any warranties, representations, conditions, rights or remedies arising under or imposed by any applicable law unless they can be lawfully excluded, modified or amended.
If any representation, warranty or condition is implied or imposed by any applicable law and cannot be excluded (a “Non-Excludable Provision”), and we cannot limit your remedy in the event of a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited solely (to the extent permitted by law) at our discretion:
- in the case of goods, whether we exchange the goods or deliver replacement goods, repair them, pay the costs of replacing the goods or procuring equivalent goods or pay the costs of ensuring the repair of the goods; or
- in the case of services, whether we will provide the services again or pay the costs for replacing the delivery of the services.
Our total liability for any claims arising from this Agreement, including claims based on tort or other reasons, may in no case exceed €500.00 (in words: five hundred euros and zero euro cents) or the amount of fees paid to our person for the rental period during which an incident, accident or event giving rise to the claims has occurred, whichever amount is lower.
Neither you nor we shall be liable for damages, delays or failure to perform this Agreement due to circumstances beyond the reasonable control of the breaching party, including any natural events, earthquakes, fires, floods, wars, acts of terrorism, civil, industrial or military disturbances, sabotage, strikes or lockouts, pandemics, epidemics, riots, loss or disruption of communications services, major cyber attacks, court orders, acts of civil or military power, or governmental, judicial or regulatory action.
To the maximum extent permitted by applicable law, neither we nor our affiliates, agents, directors or employees shall be liable for any loss or damage you may incur under or in connection with this Agreement or as a result of your use of the App, including but not limited to:
- any direct or indirect property damage or pecuniary loss;
- lost profit or loss of expected savings;
- loss of business, contracts, contacts, good name and reputation and other losses that may arise as a result of business interruption;
- loss or inaccuracy of data; or
- any other loss or damage.
7. Your Content
You acknowledge that any text, images, or information you provide to us while using the Services (“Your Content”) will comply with the Permitted Use Policy.
We do not claim ownership of Your Content, and such ownership remains with you and any third parties whose content you link to Your Content. You grant us a worldwide, non-exclusive, royalty-free and perpetual license to use, copy, reproduce, distribute, adapt, reformat, modify, publish, translate, license, sublicense and use Your Content anywhere and in any form for the purpose of providing the Services (including, where applicable, enabling other users to view our content).
You must ensure that you can grant us the above license for any content owned by third parties that you link to your content.
Our right to use Your Content does not in any way interfere with your right to privacy. You can find information about how we use your personal data in our Privacy Policy.
We have the right to monitor any of Your Content and refuse or delete Your Content if we believe it violates any of the Permitted Use Rules.
8. Permitted Use Rules
In addition to the other requirements in this Agreement, this section describes the specific rules that apply to your use of the App (“Permitted Use Rules”).
When using the App, you may not:
- circumvent the security functions of the App, disrupt them or otherwise interfere with them;
- use this App if we have suspended or prohibited your use of it;
- defend, promote or engage in any unlawful or illegal conduct or conduct that may result in damage to property or injury to any person;
- modify, violate, or change the App, interfere with it or penetrate into its code;
- knowingly abuse the application by introducing viruses, Trojan horses, worms, logic bombs or other material that would damage the App or any of its users;
- collect data from the App in violation of this Agreement;
- provide or transmit Your Content that contains nudity or violence or is offensive, threatening, obscene, misleading, false or aggressive;
- provide or transmit Your Content that you do not own or have the right to use or that would otherwise infringe the copyright, trademark or other rights of third parties;
- use Your Content in violation of the license terms set by the owner;
- provide or send any information or comments about another person without their consent;
- threaten, abuse or invade the privacy of others or cause inconvenience or trouble, cause fear, anxiety, embarrassment or alarm or otherwise harass others;
- use automatic systems, including any “robots”, “spiders” or “offline readers”, to access the App, in a way that sends a greater number of messages to the App than a person can reasonably create by themselves at one time; or
- perform other actions that are considered inappropriate use of the App.
Failure to comply with the Permitted Use Rules constitutes a material breach of this Agreement and may result in:
- immediate, temporary or permanent revocation of your right to use the App;
- immediate, temporary or permanent removal of Your Content;
- notification;
- taking legal action against you, including proceedings for reimbursement of all costs (such as, among other things, reasonable administrative and legal costs) incurred in connection with this breach; and
- providing this information to law enforcement agencies to the extent that we consider necessary.
9. User zones and stopping an E-Vehicle
Blue zone – parking zone
The user app designates a parking zone as a “Blue zone”. The user is obliged to end the ride in this zone.
Yellow zone – deceleration zone
The user app designates a deceleration zone as a “Yellow zone”. The E-Vehicle will gradually slow down to 10-15 km/h (maximum speed) in this zone. Parking an E-Vehicle in this zone is prohibited. Ending a ride in this zone is prohibited. GoScooters charges additional fees or fines if you end your ride / leave the E-Vehicle in this area.
Red zone – red zone
The user application also designates a “Red zone”. The E-Vehicle will gradually slow down to 10 km/h (maximum speed) in this zone. Parking an E-Vehicle in this zone is prohibited. Ending a ride in this zone is prohibited. GoScooters charges additional fees or fines if you end your ride / leave the E-Vehicle in this area.
Green zone – operating zone
The user application designates an operating zone as a “Green zone”. The E-Vehicle drives at full maximum speed in this zone and it functions as the operating zone for the service. Parking an E-Vehicle in this zone is prohibited. Ending a ride in this zone is prohibited. GoScooters charges additional fees or fines if you end your ride / leave the E-Vehicle in this area.
Black zone – non-operating zone
The user application designates a non-operating zone as a “Black zone”. The E-Vehicle drives at full maximum speed in this zone but it does not function as the operating zone for the service. You will be prompted by the App to leave the zone. Ending a ride in this zone is permitted, but you will be charged an extra fee for ending a ride in this zone. We will inform you of the fee for ending a ride in the Black zone via the App.
No zone – outside of any other zone
The user application designates the zone outside of the area of service operation as “No zone”. The E-Vehicle will gradually slow and come to a complete stop in this zone. Parking an E-Vehicle in this zone is prohibited. Ending a ride in this zone is prohibited. GoScooters charges additional fees or fines if you end your ride / leave the E-Vehicle in this area.
Rules for pausing a ride
A ride may be temporarily paused / halted at any time (including outside of a zone) in such a way that does not block the flow of traffic. Use the E-Vehicle Pause feature to pause a ride. After a ride on an E-Vehicle is paused for 24 hours, the ride will be automatically canceled or the E-Vehicle reservation will be terminated.
E-Vehicle reservation – Maximum 30 minutes after parking the E-Vehicle in the Yellow zone – will be canceled after 60 minutes.
Once an E-Vehicle is parked in a Red zone – the reservation will be canceled 60 minutes after parking and reservation of the vehicle.
Once an E-Vehicle is parked in a Green zone – the reservation will be canceled 60 minutes after parking and reservation of the vehicle.
Temporarily stopped ride
An E-Vehicle may be left anywhere (it is not necessary to stop in a parking space).
Rules for batteries
Your ride will be canceled (ended) once the battery is discharged.
Discharged battery (color coded as green, yellow, and red).
Payments
A payment card cannot be removed if there is a negative balance on the Account.
It is impossible to select / remove / change a card when using the Services.
10. Decisive body of law
This Agreement is governed by and interpreted in accordance with the laws of the Slovak Republic.
Your obligations may be governed by the laws of the Service Usage Location, such as traffic laws and regulations in force in the Service Usage Location (“Local Laws”), and you agree to comply with all such Local Laws.
We and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the Slovak Republic and all courts that have the authority to decide on appeals from any such courts and waive all rights to object to the initiation of any proceedings in these courts.
11. Miscellaneous
Notifications and any other correspondence related to this Agreement or the Services should be completed through the App, by sending an email to info@svist.sk or by submitting a report through the customer support channels available on our website.
You agree that we may automatically assign this Agreement and any incorporated agreements at our sole and absolute discretion.
In the event of any conflict or dispute between these terms and conditions and the rules and conditions valid at your relevant Service Usage Location, the rules and conditions valid at that Service Usage Location take priority.
If you have found any error or other discrepancy, do not hesitate to contact us via email contact (or the link to the form on the website).
In the event that any provision of this Agreement is declared invalid by a court of law or other competent public authority, the remaining provisions of this Agreement shall remain in full force and effect. The provision of the Agreement that has been declared invalid shall be replaced by another provision that is closest in content and purpose to the original provision.
This document is produced in English and Slovak versions. In the event of a conflict between the two versions, the Slovak version shall prevail.
Every consumer has the right to contact an alternative dispute resolution entity to protect their consumer rights.
The supervisory authority for terms of service is the Slovak Trade Inspection.
ANNEX A
General Riding Rules – E-Vehicles
1 Safety inspections
You are responsible for carrying out a safety check before each use of the E-Vehicle, which includes, but is not limited to:
(a) the frame is in good condition;
(b) the wheels are in good condition (i.e. the wheels are not worn or blocked by dirt or mud);
(c) safe operation of brakes;
(d) a sufficiently charged battery;
(e) functionality of the E-Vehicle bell;
(f) lights and reflectors in good condition if you intend to drive the E-Vehicle at night;
(g) whether the E-Vehicle is free of signs of damage, unusual or excessive wear or other mechanical problem or in need of maintenance; and
(h) whether you follow the instructions, in particular those in the Safety Center, which you received at the time of renting the E-Vehicle.
While driving, you must constantly monitor whether the E-Vehicle and its operation meet the above safety requirements. If at any time while driving you discover that there has been a violation of safety requirements, or notice any other potential danger, threat or malfunction, you must stop driving the E-Vehicle at the first safe moment and report the incident to us.
2 Road safety
Safety is the top priority when riding and operating an E-Vehicle. When using, riding, or operating an E-Vehicle:
(a) follow all valid traffic laws and regulations;
(b) follow the instructions provided in the Safety Center;
(c) wear safety gear per the recommendations and requirements stipulated in valid laws and regulations and as reasonably required to reduce the risk of personal injury (such as a helmet, protectors and suitable footwear);
(d) do not operate an E-Vehicle under the influence of alcohol, drugs, medication or other substances that may impair your ability to safely operate the E-Vehicle;
(e) obey the speed limit and adjust your speed according to the situation and taking into account your driving experience, road conditions, the condition of the E-Vehicle, weather conditions, traffic density and other traffic conditions so that you can stop the E-Vehicle without crashing into any obstacle that can reasonably be expected on the way;
(f) do not use a mobile phone, tablet, laptop, text messaging device, music player or any other device that could distract you from the safe operation of the E-Vehicle;
(g) do not drive the E-Vehicle on unpaved roads, on water (outside of safe urban roads) or anywhere else where it is prohibited, illegal, or where it may be a nuisance to others;
(h) do not use the E-Vehicle for racing, mountain driving or for stunt or similar purposes;
(i) do not use the E-Vehicle on expressways and on other limited access roads;
(j) do not drive the E-Vehicle in the opposite direction;
(k) do not drive the E-Vehicle on roads designated exclusively for pedestrians;
(l) do not drive outside the permitted section indicated in the Application;
(m) do not drive on damaged or dangerous roads or in bad or dangerous weather conditions, including snow, hail, ice, freezing rain or lightning storms, which could jeopardize the safety of driving the E-Vehicle;
(n) do not exceed the maximum weight limit of the E-Vehicle;
(o) do not carry other persons;
(p) do not carry any objects (e.g. briefcases, backpacks, bags and/or other objects) if they would prevent you from safely driving the E-Vehicle; and
(q) wear bright clothing or a reflector so that you can be easily noticed by other road users.
3 Parking
It is necessary:
(a) to park the E-Vehicle in a manner that fully complies with all valid laws and regulations;
(b) to park in such a way that does not block the road, hinder traffic, or excessively impede any walkway;
(c) to park the E-Vehicle is a visible place and on its kickstand so that it may be used by other users.
(d) to follow the parking instructions provided in the App and to park the E-Vehicle at a designated Permitted Parking Space;
(e) to report any E-Vehicle which is not parked at a Permitted Parking Space during use of the Service, either via notification to us, or using the relevant function in the App if such function is available.
These Terms of Service constitute an agreement (“Agreement”) between you (referred to as “you”, the “User”, and / or “Rider”) and GoScooters s. r. o., Company ID : 54 122 856, with its registered office at: 338 Borinka 900 32, registered in the Commercial Register at Bratislava I District Court, section Sro, file No. 159113/B (“GoScooters”, or as “we”, “us”, or “our”) in connection with your use of (i) any human-powered vehicle and electrically assisted vehicle in the App, such as e-scooters and e-bikes (collectively “E-Vehicles”); (ii) our mobile application for accessing and using E-Vehicles (the “App”); and (iii) other related services required recharging, maintenance, pick-up, etc. (“Related Services”) that We provide (E-Vehicles, App and Related Services are collectively referred to as the “Services”).
The following documents are incorporated into this Agreement by reference:
- the rules for operating E-Vehicles specified in Annex A hereto (the “Riding Rules”);
- safety instructions related to the use of E-Vehicles as provided in the App or in the safety center in the App (“Safety Center”);
- other business and product terms and conditions set forth in this Agreement, together with all descriptions, policies and notices related to our services, including Our Personal Data Protection and Processing Notice (the “Privacy Policy”), available at: https://svist.sk/ochranaosobnychudajov and shall apply (mutatis mutandis) to the processing of your personal data related to the use of the Services;
We may amend this Agreement from time to time as we develop our Services. Amendments to the Agreement enter into force upon the publication of the amended Agreement or its amending conditions on our website or in the App. Your continued use of the Services after such publication constitutes your acceptance of the amended form of the Agreement. We reserve the right to inform you of changes through the App, contact information registered to your Account or in another appropriate way.
2. Use of the App
Services are used through the App. The App allows persons needing to travel to a certain destination to locate an E-Vehicle by sharing their geographic location.
To use the Services, it is necessary to install the App and to register your user account (the “Account”). When installing the App, your mobile phone number is connected to your Account and is added to our database.
We strive to resolve any faults in the App in a timely manner, but the User acknowledges that the functionality of the App may be limited from time to time for technical reasons and it is impossible to ensure the permanent, unlimited and flawless operation of the App itself. We bear no responsibility for any losses incurred due to non-functionality or incorrect operation of the App.
Based on your acceptance of this Agreement, we grant you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to access and use the App on your device, solely in connection with your use of the Services.
3. User authorizations and Accounts
You are authorized to use the Services when:
- you have opened an Account;
- your account is connected to a valid credit or debit card or other form of payment supported by the App (“Selected Form of Payment”);
- you are at least 16 years old and are authorized to operate an E-Vehicle based on local laws and regulations regarding the minimum age for use of available E-Vehicles at the Service Usage Location;
- you are physically fit and have the necessary skills and expertise to safely and competently use and operate E-Vehicles, as well as to drive them.
When opening and using an Account:
- you agree to use your real name, and provide accurate personal data and card information and to update such data as necessary when configuring your Account;
- you are responsible for access to your Account, for its control and security, and above all for: (i) your Account username and password; and (ii) all activities performed on your Account, such as, inter alia, activation (unlocking), use, deactivation (completion of your ride) and proper parking of E-Vehicles in accordance with this Agreement, or in a Permitted Parking Space, as well as for any omissions, unless you report that your Account has been misused.
We assume that all persons who enter your username and password have your consent;
- you are obliged to inform us immediately if you learn that there has been unauthorized access to your Account or its unauthorized use, or to inform us of any other circumstances that could lead to the loss of control over your account;
- you agree that we have the right to suspend or block your Account to the extent necessary to (i) ensure lawful use of the App, such as, but not limited to, fraud prevention, risk assessment, investigation and customer support; (ii) ensure your compliance with this Agreement; (iii) ensure compliance with applicable law or order of a court, law enforcement agency or other state or government body or (iv) for other purposes set forth in this Agreement;
- you agree that we can send you text messages (SMS), push notifications and email messages in connection with the Services.
4. Use of E-Vehicles
By unlocking the E-Vehicle through the application, you agree to rent it on a pay-as-you-go basis in accordance with the provisions of this Agreement and in accordance with our price list of fees valid during the rental period.
Every time you unlock an E-Vehicle and start driving, you represent and warrant that you have read and understood:
- all relevant traffic laws and regulations;
- the driving rules listed in Annex A;
- the terms and conditions applicable to your Location of Services; and
- eligibility conditions and at the same time you confirm that you have met them.
By unlocking an E-Vehicle, you agree that:
- The E-Vehicle, including its accessories, remains our property, and you may not disassemble, modify, repair, damage it or its accessories in any way, or destroy it;
- you will use it in accordance with this Agreement, including its Riding Rules, Safety Center and any other instructions, manuals and instructions provided in the App and including the terms and conditions applicable to your Service Usage Location;
- you must not allow another person to use the E-Vehicle that you have unlocked;
- you assume responsibility for taking care of the E-Vehicle during the rental period and for returning it in the same condition in which you received it at the beginning of the rental, to a permitted parking space according to local laws, based on the type of E-Vehicle and the parking instructions indicated in the App (“Permitted Parking Space”);
- if the returned E-Vehicle is damaged or in a state of malfunction, you will be charged a fee in the amount of the costs necessary for repair.
If the E-Vehicle runs out of power during the rental period, you must end the ride in accordance with the instructions provided in the App and the terms of this Agreement and park it in a Permitted Parking Place.
You are obliged to report any accidents, damage, injuries, theft or loss of the E-Vehicle to us as soon as possible. In the event of injury, property damage or theft of the E-Vehicle, you are required to report such an event to the local police department within 24 hours.
5. Payments and fees
You can use our services through the Basic Ticket, if available. We will charge you for the use of the E-Vehicle and the Services in accordance with our price list and according to the type of E-Vehicle. Each use of the E-Vehicle begins at the moment you click “Unlock” and ends with clicking on “End ride” (or a similar button in the App). Our fees and other payments may be subject to applicable taxes and other local government deductions, which may increase Our fees.
Reservation:
Ride:
Pause during ride:
Full-day rental:
€0.00 / 1 min.
€0.19 / 1 min.
€0.19 / 1 min.
€20
From time to time, we may issue promotional and discount coupons or codes subject to additional terms and conditions of the promotion (“Discount Codes”). We reserve the right to change or cancel Discount Codes at any time at our sole and absolute discretion. We may suspend or cancel Discount Codes and your use of the App at any time if we reasonably suspect that the use or application of Discount Codes has been improper, fraudulent, illegal or in violation of the applicable terms of use of the Discount Code or this Agreement.
We reserve the right to vary the amount of the price policy depending on the time, capacity availability and location of the parked E-Vehicle. Each User will be informed in advance about the price for the provision of an E-Vehicle through our App, in which they will confirm whether they agree with or reject the stated price. After payment is made, a notification email will be sent to the User about the amount of the payment made to GoScooters.
If an E-Vehicle unlocked using your Account:
- is parked outside the Permitted Parking Space, we have the right, at our own discretion, to charge you a collection fee of up to €100.00 (one hundred euros and zero euro cents);
- is apparently damaged beyond normal wear and tear, in a state of malfunction or intentionally destroyed, we have the right to charge you a fee in the amount of the costs necessary to repair or replace the E-Vehicle and its accessories at our discretion;
- is lost, you will be responsible without notice for all fees until it is found, plus search fees, up to the maximum amount of €120.00 (one hundred and twenty euros and zero euro cents) stated in the App depending on the time needed to locate it;
- is not found or returned (journey completed and E-Vehicle parked) within 48 hours, we may at our discretion consider it lost or stolen, in which case we have the right to charge you a fine of up to €500.00 (five hundred euros and zero euro cents) for the E-Vehicle and report the incident to the police.
You agree to pay all penalties, fees, fines and/or other amounts that we bill to you as a result of your improper use or parking of an E-Vehicle (e.g. outside of a Permitted Parking Space) or other conduct while using the Services in violation of applicable legal regulations, rules and regulations in place at the time of imposition of the sanction. All amounts to be paid to us will be charged according to your chosen payment method. If the given payment method fails to successfully complete this payment, we can use other enforcement procedures. You agree to pay us all collection costs, including all reasonable legal costs, if there is a delay in your payment obligations.
You can pay for the Services using your chosen payment method, which requires prior activation in the App. You agree that we will bill you for all fees and charges incurred pursuant to this Agreement through the Selected Payment Method linked to your Account. Such fees and other payments may be subject to applicable taxes, by which our fees may be increased.
We and our suppliers support payments in the App, provide assistance and resolve disputes related to payments in the App. If you do not agree with any fee charged through your Selected Payment Method, you must contact us within ten (10) business days.
For credit and/or debit card payments, we may charge a service fee for each payment that is added to individual orders for Services. The service fee refers to Visa/Mastercard service fees. The amount of the service fee is indicated in the App. Your bank may charge additional fees for using your credit or debit card that are not displayed in the App. Please note that after booking an E-Vehicle, an amount from your credit card is automatically reserved to confirm the availability of payment.
You agree to notify us immediately of any changes to your Selected Payment Method associated with your Account that could make it impossible to pay any fees charged by us pursuant to this Agreement.
6. Responsibility
You acknowledge and agree that your use of the Services, E-Vehicles and related accessories is at your sole personal risk and that we shall not be liable for any consequences, claims, demands, suits, losses, liabilities, damages, injuries, fees , costs and expenses, fines, legal fees or damages of any kind, whether foreseeable or unforeseeable and whether known or unknown, which you or third parties may suffer in connection with your use of the Services. You understand all such risks and acknowledge that:
- driving E-Vehicles involves a number of obvious and less obvious risks, dangers and hazards that may result in injury or death to you or others, as well as property damage, and that such risks, dangers and hazards cannot always be predicted or prevented;
- an E-Vehicle is a machine that can fail, even if properly maintained, and such failure can lead to injury; and
- wearing a helmet or other protective equipment and strictly following the Riding Rules and this Agreement is necessary to reduce the risk of injury to you and the risk of you injuring or harming other persons.
If your use of any of the Services results in injury to another person or property damage, you will be responsible for all consequences, claims, demands, lawsuits, losses, liabilities, damages, injuries, fees, costs and expenses, fines, legal fees, lawsuits or damages of any kind, whether foreseeable or unforeseeable, whether known or unknown. In the event that we have to settle third party claims as a result of your actions, you will be solely responsible for this, and you agree to indemnify us against all losses we incur in connection with such third party claims.
We reserve the right to offer liability insurance (“Insurance Coverage”) at some or all Service Usage Locations to insure your liability for injury to a third party or accidental physical damage, subject to limitations and exclusions from the Insurance Coverage, in connection with injury to a third party or accidental damage to the property of a third party resulting from your use of the E-Vehicle. If you do not pay the Insurance Cover, you acknowledge and agree to accept responsibility for any costs you cause to third parties, including all costs of ambulance transport, hospital care and medical treatment.
All Services, E-Vehicles and accessories are provided on an “as-is” and “as available” basis. To the maximum extent permitted by law, we exclude and disclaim all warranties, representations or other conditions, whether express or implied, imposed by any applicable law. We make no representations, warranties or guarantees that our Services, E-Vehicles or their accessories will be in good or flawless condition, or that there will be no delays, omissions, interruptions or inaccuracies in connection therewith. We specifically disclaim all claims, guarantees, consents, or promises, whether implied or express, as to:
- whether information (including instructions in the App) about the Services is accurate, complete, correct, adequate, useful, timely or reliable;
- whether any errors or malfunctions in the Services will be removed or corrected;
- whether the Services will be available at any time at a certain time or Service Usage Location; and
- whether your use of the Services is in accordance with the laws at any Service Usage Location.
All implied conditions and warranties of any kind in connection with the Services are excluded to the fullest extent permitted by law. Nothing in this Agreement shall exclude, limit or alter any warranties, representations, conditions, rights or remedies arising under or imposed by any applicable law unless they can be lawfully excluded, modified or amended.
If any representation, warranty or condition is implied or imposed by any applicable law and cannot be excluded (a “Non-Excludable Provision”), and we cannot limit your remedy in the event of a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited solely (to the extent permitted by law) at our discretion:
- in the case of goods, whether we exchange the goods or deliver replacement goods, repair them, pay the costs of replacing the goods or procuring equivalent goods or pay the costs of ensuring the repair of the goods; or
- in the case of services, whether we will provide the services again or pay the costs for replacing the delivery of the services.
Our total liability for any claims arising from this Agreement, including claims based on tort or other reasons, may in no case exceed €500.00 (in words: five hundred euros and zero euro cents) or the amount of fees paid to our person for the rental period during which an incident, accident or event giving rise to the claims has occurred, whichever amount is lower.
Neither you nor we shall be liable for damages, delays or failure to perform this Agreement due to circumstances beyond the reasonable control of the breaching party, including any natural events, earthquakes, fires, floods, wars, acts of terrorism, civil, industrial or military disturbances, sabotage, strikes or lockouts, pandemics, epidemics, riots, loss or disruption of communications services, major cyber attacks, court orders, acts of civil or military power, or governmental, judicial or regulatory action.
To the maximum extent permitted by applicable law, neither we nor our affiliates, agents, directors or employees shall be liable for any loss or damage you may incur under or in connection with this Agreement or as a result of your use of the App, including but not limited to:
- any direct or indirect property damage or pecuniary loss;
- lost profit or loss of expected savings;
- loss of business, contracts, contacts, good name and reputation and other losses that may arise as a result of business interruption;
- loss or inaccuracy of data; or
- any other loss or damage.
7. Your Content
You acknowledge that any text, images, or information you provide to us while using the Services (“Your Content”) will comply with the Permitted Use Policy.
We do not claim ownership of Your Content, and such ownership remains with you and any third parties whose content you link to Your Content. You grant us a worldwide, non-exclusive, royalty-free and perpetual license to use, copy, reproduce, distribute, adapt, reformat, modify, publish, translate, license, sublicense and use Your Content anywhere and in any form for the purpose of providing the Services (including, where applicable, enabling other users to view our content).
You must ensure that you can grant us the above license for any content owned by third parties that you link to your content.
Our right to use Your Content does not in any way interfere with your right to privacy. You can find information about how we use your personal data in our Privacy Policy.
We have the right to monitor any of Your Content and refuse or delete Your Content if we believe it violates any of the Permitted Use Rules.
8. Permitted Use Rules
In addition to the other requirements in this Agreement, this section describes the specific rules that apply to your use of the App (“Permitted Use Rules”).
When using the App, you may not:
- circumvent the security functions of the App, disrupt them or otherwise interfere with them;
- use this App if we have suspended or prohibited your use of it;
- defend, promote or engage in any unlawful or illegal conduct or conduct that may result in damage to property or injury to any person;
- modify, violate, or change the App, interfere with it or penetrate into its code;
- knowingly abuse the application by introducing viruses, Trojan horses, worms, logic bombs or other material that would damage the App or any of its users;
- collect data from the App in violation of this Agreement;
- provide or transmit Your Content that contains nudity or violence or is offensive, threatening, obscene, misleading, false or aggressive;
- provide or transmit Your Content that you do not own or have the right to use or that would otherwise infringe the copyright, trademark or other rights of third parties;
- use Your Content in violation of the license terms set by the owner;
- provide or send any information or comments about another person without their consent;
- threaten, abuse or invade the privacy of others or cause inconvenience or trouble, cause fear, anxiety, embarrassment or alarm or otherwise harass others;
- use automatic systems, including any “robots”, “spiders” or “offline readers”, to access the App, in a way that sends a greater number of messages to the App than a person can reasonably create by themselves at one time; or
- perform other actions that are considered inappropriate use of the App.
Failure to comply with the Permitted Use Rules constitutes a material breach of this Agreement and may result in:
- immediate, temporary or permanent revocation of your right to use the App;
- immediate, temporary or permanent removal of Your Content;
- notification;
- taking legal action against you, including proceedings for reimbursement of all costs (such as, among other things, reasonable administrative and legal costs) incurred in connection with this breach; and
- providing this information to law enforcement agencies to the extent that we consider necessary.
9. User zones and stopping an E-Vehicle
Blue zone – parking zone
The user app designates a parking zone as a “Blue zone”. The user is obliged to end the ride in this zone.
Yellow zone – deceleration zone
The user app designates a deceleration zone as a “Yellow zone”. The E-Vehicle will gradually slow down to 10-15 km/h (maximum speed) in this zone. Parking an E-Vehicle in this zone is prohibited. Ending a ride in this zone is prohibited. GoScooters charges additional fees or fines if you end your ride / leave the E-Vehicle in this area.
Red zone – red zone
The user application also designates a “Red zone”. The E-Vehicle will gradually slow down to 10 km/h (maximum speed) in this zone. Parking an E-Vehicle in this zone is prohibited. Ending a ride in this zone is prohibited. GoScooters charges additional fees or fines if you end your ride / leave the E-Vehicle in this area.
Green zone – operating zone
The user application designates an operating zone as a “Green zone”. The E-Vehicle drives at full maximum speed in this zone and it functions as the operating zone for the service. Parking an E-Vehicle in this zone is prohibited. Ending a ride in this zone is prohibited. GoScooters charges additional fees or fines if you end your ride / leave the E-Vehicle in this area.
Black zone – non-operating zone
The user application designates a non-operating zone as a “Black zone”. The E-Vehicle drives at full maximum speed in this zone but it does not function as the operating zone for the service. You will be prompted by the App to leave the zone. Ending a ride in this zone is permitted, but you will be charged an extra fee for ending a ride in this zone. We will inform you of the fee for ending a ride in the Black zone via the App.
No zone – outside of any other zone
The user application designates the zone outside of the area of service operation as “No zone”. The E-Vehicle will gradually slow and come to a complete stop in this zone. Parking an E-Vehicle in this zone is prohibited. Ending a ride in this zone is prohibited. GoScooters charges additional fees or fines if you end your ride / leave the E-Vehicle in this area.
Rules for pausing a ride
A ride may be temporarily paused / halted at any time (including outside of a zone) in such a way that does not block the flow of traffic. Use the E-Vehicle Pause feature to pause a ride. After a ride on an E-Vehicle is paused for 24 hours, the ride will be automatically canceled or the E-Vehicle reservation will be terminated.
E-Vehicle reservation – Maximum 30 minutes after parking the E-Vehicle in the Yellow zone – will be canceled after 60 minutes.
Once an E-Vehicle is parked in a Red zone – the reservation will be canceled 60 minutes after parking and reservation of the vehicle.
Once an E-Vehicle is parked in a Green zone – the reservation will be canceled 60 minutes after parking and reservation of the vehicle.
Temporarily stopped ride
An E-Vehicle may be left anywhere (it is not necessary to stop in a parking space).
Rules for batteries
Your ride will be canceled (ended) once the battery is discharged.
Discharged battery (color coded as green, yellow, and red).
Payments
A payment card cannot be removed if there is a negative balance on the Account.
It is impossible to select / remove / change a card when using the Services.
10. Decisive body of law
This Agreement is governed by and interpreted in accordance with the laws of the Slovak Republic.
Your obligations may be governed by the laws of the Service Usage Location, such as traffic laws and regulations in force in the Service Usage Location (“Local Laws”), and you agree to comply with all such Local Laws.
We and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the Slovak Republic and all courts that have the authority to decide on appeals from any such courts and waive all rights to object to the initiation of any proceedings in these courts.
11. Miscellaneous
Notifications and any other correspondence related to this Agreement or the Services should be completed through the App, by sending an email to info@svist.sk or by submitting a report through the customer support channels available on our website.
You agree that we may automatically assign this Agreement and any incorporated agreements at our sole and absolute discretion.
In the event of any conflict or dispute between these terms and conditions and the rules and conditions valid at your relevant Service Usage Location, the rules and conditions valid at that Service Usage Location take priority.
If you have found any error or other discrepancy, do not hesitate to contact us via email contact (or the link to the form on the website).
In the event that any provision of this Agreement is declared invalid by a court of law or other competent public authority, the remaining provisions of this Agreement shall remain in full force and effect. The provision of the Agreement that has been declared invalid shall be replaced by another provision that is closest in content and purpose to the original provision.
This document is produced in English and Slovak versions. In the event of a conflict between the two versions, the Slovak version shall prevail.
Every consumer has the right to contact an alternative dispute resolution entity to protect their consumer rights.
The supervisory authority for terms of service is the Slovak Trade Inspection.
ANNEX A
General Riding Rules – E-Vehicles
1 Safety inspections
You are responsible for carrying out a safety check before each use of the E-Vehicle, which includes, but is not limited to:
(a) the frame is in good condition;
(b) the wheels are in good condition (i.e. the wheels are not worn or blocked by dirt or mud);
(c) safe operation of brakes;
(d) a sufficiently charged battery;
(e) functionality of the E-Vehicle bell;
(f) lights and reflectors in good condition if you intend to drive the E-Vehicle at night;
(g) whether the E-Vehicle is free of signs of damage, unusual or excessive wear or other mechanical problem or in need of maintenance; and
(h) whether you follow the instructions, in particular those in the Safety Center, which you received at the time of renting the E-Vehicle.
While driving, you must constantly monitor whether the E-Vehicle and its operation meet the above safety requirements. If at any time while driving you discover that there has been a violation of safety requirements, or notice any other potential danger, threat or malfunction, you must stop driving the E-Vehicle at the first safe moment and report the incident to us.
2 Road safety
Safety is the top priority when riding and operating an E-Vehicle. When using, riding, or operating an E-Vehicle:
(a) follow all valid traffic laws and regulations;
(b) follow the instructions provided in the Safety Center;
(c) wear safety gear per the recommendations and requirements stipulated in valid laws and regulations and as reasonably required to reduce the risk of personal injury (such as a helmet, protectors and suitable footwear);
(d) do not operate an E-Vehicle under the influence of alcohol, drugs, medication or other substances that may impair your ability to safely operate the E-Vehicle;
(e) obey the speed limit and adjust your speed according to the situation and taking into account your driving experience, road conditions, the condition of the E-Vehicle, weather conditions, traffic density and other traffic conditions so that you can stop the E-Vehicle without crashing into any obstacle that can reasonably be expected on the way;
(f) do not use a mobile phone, tablet, laptop, text messaging device, music player or any other device that could distract you from the safe operation of the E-Vehicle;
(g) do not drive the E-Vehicle on unpaved roads, on water (outside of safe urban roads) or anywhere else where it is prohibited, illegal, or where it may be a nuisance to others;
(h) do not use the E-Vehicle for racing, mountain driving or for stunt or similar purposes;
(i) do not use the E-Vehicle on expressways and on other limited access roads;
(j) do not drive the E-Vehicle in the opposite direction;
(k) do not drive the E-Vehicle on roads designated exclusively for pedestrians;
(l) do not drive outside the permitted section indicated in the Application;
(m) do not drive on damaged or dangerous roads or in bad or dangerous weather conditions, including snow, hail, ice, freezing rain or lightning storms, which could jeopardize the safety of driving the E-Vehicle;
(n) do not exceed the maximum weight limit of the E-Vehicle;
(o) do not carry other persons;
(p) do not carry any objects (e.g. briefcases, backpacks, bags and/or other objects) if they would prevent you from safely driving the E-Vehicle; and
(q) wear bright clothing or a reflector so that you can be easily noticed by other road users.
3 Parking
It is necessary:
(a) to park the E-Vehicle in a manner that fully complies with all valid laws and regulations;
(b) to park in such a way that does not block the road, hinder traffic, or excessively impede any walkway;
(c) to park the E-Vehicle is a visible place and on its kickstand so that it may be used by other users.
(d) to follow the parking instructions provided in the App and to park the E-Vehicle at a designated Permitted Parking Space;
(e) to report any E-Vehicle which is not parked at a Permitted Parking Space during use of the Service, either via notification to us, or using the relevant function in the App if such function is available.